Explanatory Notes

Part 1: Corresponding provision in relation to executive competence

190 Part 1 establishes the new test for executive competence, which accompanies the legislative competence test provided for in clause 11.

Scotland Act 1998

191 Paragraph 1 makes provision in relation to the existing limit in section 57(2) Scotland Act 1998 on a member of the Scottish Government making secondary legislation or otherwise acting incompatibly with EU law. Paragraph 1 amends this limit so that it applies to the power of a member of the Scottish Government to make, confirm or approve any secondary legislation modifying retained EU law. Paragraph 1(b) provides that a member of the Scottish Government may not make such a modification unless it would be within the legislative competence of the Scottish Parliament. This limit on executive competence is subject to the exception that a member of the Scottish Government may exercise the powers to make regulations under Schedule 2 or 4. This new executive competence test is also subject to any exceptions which may be prescribed by Order in Council.

Government of Wales Act 2006, Northern Ireland Act 1998

192 Paragraphs 2 and 3 make equivalent provision in respect of the Government of Wales Act 2006 and the Northern Ireland Act 1998 to give effect to the new test for executive competence.